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Which date is to be stated in the order as the last working day?

Dace Driče, attorney at law of PRIMUS DERLING, provides an explanation to the internet magazine iFinanses on the application of law to cases when the employment relationship is terminated during a probationary period.

An employee is dismissed on the basis of Article 47(1) of the Labour Law (the LL), i.e., not passing the probationary period. The order is issued on 23 November, Friday (part-time aggregated working time has been established for the employee). 24 and 25 November are free days for the employee, 26 November is a working day. Which date, 25 or 26 November, should be stated in the order as the day when employment is terminated?

Calculation of time period in labour law is laid down in Article 16 of the LL. Article 16(1) states that a time period runs from the date or from the day of the occurrence of an event, which determines the beginning of the time period, while Article 16(5) states that if the time period expires on a weekly day of rest or a public holiday, the subsequent working day is deemed to be the last day of the time period.

Therefore if a notice of termination is given to the employee on Friday (23 November), this day is counted as the first day of notice period. The period of three days expires on Sunday (25 November), but this is a rest day for the employee, therefore the deadline is postponed to the subsequent working day which is Monday (26 November).

Consequently, the last working day of the employee is 26 November, while employment relationship of the employee is terminated on Tuesday, 27 November. Therefore the employment relationship is terminated on 27 November.